在亞馬遜被跟賣的情況,相信商家們也很知道的了,大魚吃小魚,小魚吃蝦米,沒有實力的商家是很容易被被同行跟賣了,在遇到跟賣的時候,其實商家也是很憋屈的,自己好不容易做起來的listing,就這樣被同行空手套白狼奪取了,最后還失去了編輯listing的權(quán)限。
首先跟賣這個規(guī)則是亞馬遜制定的,在亞馬遜跟賣是合法的,尤其是產(chǎn)品來自正規(guī)的銷售渠道,所以我們在亞馬遜開店的時候,除了遵守規(guī)則之外,也是可以采用合法的手段來維護(hù)自己的權(quán)益的。
首先我們遇到了跟賣的情況時,可以先跟賣家溝通,發(fā)警告信,以下是警告信郵件模板,替換對應(yīng)文字即可:
自己品牌名稱—A( 授權(quán)之品牌名稱或是已注冊之品牌名稱)
對方品牌名稱—B( 賣家要投訴之對象名稱或是品牌名稱)
模板一
Hello,
We are the registered proprietor of the USA Trade Mark Number *****(商標(biāo)注冊號)for ****(商標(biāo)名) in classes(商標(biāo)類別)*****(Registered Date:*****).Please refrain from using our Trademark when selling or listing any of your products.
Please remove your listing from our advert immediately ASIN:*******
The product is branded***** to reflect this, along with the title, brand and manufacturer.
If this is not done, we will have to report you to Amazon and they will remove it on your behalf. Please note:If a seller is removed 3 times by Amazon, the selling privilege would be removed by Amazon.
*****Company Reg No. *********
模板二
Dear “ B ”,
It has come to our attention that “ B ” is using the " A " trademark without license or prior written authorization from " A ".
" A " holds federal trademark registrations in the United States. So “ B ” listings violate " A " trademark and intellectual property rights. You are also in breach of Amazon’s Participation Agreement.
Therefore, we demand that you immediately remove all listings on Amazon.com in which “ B ”utilizes our trademarks and images protected by copyright.
“ B ” currently has at least one listing on Amazon.com for products that utilize“ A’s” trademarks and/or copyrights without authorization. See the following ASIN: B001234567 (寫自己的 ASIN)
" A " is the only entity authorized to provide authorization to sell its products on Amazon.com. Your listing constitutes a violation of " A's " trademark rights, copyrights, and Amazon’s Participation Agreement.
“ B ” 's infringing listings must be removed immediately to prevent damage to " A " brand and lost sales.
While " A " has many options available under this state. But we would prefer to resolve this matter amicably. Please confirm to us in writing within 24 hours, that you have:
(1) Removed all of " A’s " trademarks and copyright material from your Amazon.com listings and any other website or public display you operate;
(2) Removed all of " A’s " listings of products it claims to be associated with " A’s ", including but not limited to the ASINs listed above
Failure to take action within 24 hours will force us to report this serious violation to the Amazon seller performance team. This is licensed products to Amazon.com as well, Amazon seller performance team will take such violations very seriously, possibly resulting in removal of your selling privileges on Amazon.com.
Thank you for your attention to this matter. Please contact us if you have any questions.
Legal on behalf of " A "
注:A為自己的品牌名稱,B為對方的店名或品牌名
(from Bqool)
模板三
Hi,
We noticed that you are not authorized online retailer for XXXX brand products and you have listed the particular item(s) ASIN: XXXXXXXXX, which is sold exclusively by XXXX authorized retailers.
As you may be aware, the unauthorized selling of XXXX products is an illegal action that seriously infringes Trademark Law. As the Trademark owner we did not sell you, nor authorize you to sell, any XXXX branded products. Also you are against Amazon's policy.
We kindly request that you follow our instructions:
a) Remove your offers from all XXXX product pages on amazon.com within 24 hours, and do not list items on XXXX’s product pages in the future.
b) Send us confirmation after you have removed the previously stated products and listings.
If you don't comply with these demands, we'll have no choice but to file an official claim with the amazon.com Seller Performance Department, which will seriously impact your Amazon performance.
Here is a link of the product in question
https://www.amazon.com/dp/XXXXXXXXX
"We have received your U.S. Trademark Application and assigned serial number ' 869134571 ' to your submission." An official notification to you!
如果寫信給跟賣者,依舊置之不理的話,那就需要在美國亞馬遜通過商標(biāo)證書投訴跟賣侵權(quán)。
警告或投訴是無用的,再次提醒24小時后不聽警告,你購買賣家的假冒產(chǎn)品,最好寫外國朋友的地址。收到商品后,拍照并列出照片和假冒產(chǎn)品與正品的區(qū)別,并將所有信息發(fā)送給亞馬遜官方。
如果確認(rèn),賣家不僅需要立即撤銷他銷售的商品,還需要退款給他購買的買家。此舉是一種非常有效的舉報和銷售方法,商家們在遇到跟賣的情況要跟官方去溝通,讓平臺去處理,這樣才是明智的做法哦。